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COMMITTEE REPORT
March 27, 2007
S. 472
Introduced by Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin and Grooms
S. Printed 3/27/07--S. [SEC 3/28/07 2:19 PM]
Read the first time February 21, 2007.
To whom was referred a Bill (S. 472) to amend Section 56-5-2941 of the 1976 Code, relating to the installation of ignition interlock devices, to provide that in addition to other penalties imposed on a person, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 4, by striking lines 12 - 14 and inserting:
/ (B) An order of the court imposing the requirements of this section must be transmitted to the Department of Public Safety in the manner provided in Section 56-5-2970. /
Amend the bill, as and if amended, page 5, by striking lines 19 - 23 and inserting:
/ (1) The department must certify whether a device meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time. /
Amend the bill further, as and if amended, page 5, by striking lines 36 - 43 and inserting:
/ (K) In addition to availability under the Freedom of Information Act, any Department of Public Safety policy, procedure, or regulation concerning ignition interlock devices must be made publicly accessible on the department's internet web site.
(L) The Department of Public Safety shall develop regulations including, but not limited to, regulations governing the certification, use, maintenance, and operation of ignition interlock devices." /
Renumber sections to conform.
Amend title to conform.
W. GREG RYBERG for Committee.
TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, OR TO ATTEMPT TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR AN OFFENDER OR ANOTHER PERSON TO SOLICIT OR REQUEST SOMEONE TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE FOR AN OFFENDER, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP REGULATIONS GOVERNING THE CERTIFICATION, USE, MAINTENANCE, AND OPERATIONS OF INTERLOCK IGNITION DEVICES, TO PROVIDE THAT ONLY CERTIFIED DEVICES MAY BE USED, TO PROVIDE THAT THE DEPARTMENT MUST CERTIFY ALL BREATH TESTING IGNITION INTERLOCK DEVICES THAT MEET FEDERAL STANDARDS, TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A LIST OF CERTIFIED DEVICES AND MANUFACTURERS, TO REQUIRE THAT DECERTIFIED DEVICES MUST BE REPLACED, TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE ON ITS INTERNET WEB SITE ITS POLICIES, PROCEDURES, AND REGULATIONS CONCERNING IGNITION INTERLOCK DEVICES; TO AMEND SECTION 56-1-400, TO PROVIDE THAT WHEN THE DEPARTMENT OF MOTOR VEHICLES RETURNS OR ISSUES A NEW LICENSE TO AN OFFENDER WHOSE LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, THE LICENSE MUST CONTAIN A CONSPICUOUS ENDORSEMENT IDENTIFYING THE LICENSEE AS A PERSON WHO MAY ONLY DRIVE A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED; AND TO AMEND SECTION 56-5-2959, TO PROVIDE THAT SLED NO LONGER HAS TO POST CERTAIN INFORMATION CONCERNING IGNITION INTERLOCK SYSTEMS ON ITS INTERNET WEB SITE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2941 of the 1976 Code is amended to read:
"Section 56-5-2941. (A)(1) Except as otherwise provided in this section, in In addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court may must require such the person, whether or not he is a first or subsequent offender and if he is a resident of this State, to have installed on the any vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages. The court may waive the requirements of this section if it finds that the offender has a medical condition that makes him incapable of properly operating the installed device. The court in imposing the requirements of this section shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle and operational during the time required by the court. The State Law Enforcement Division, in consultation with the Department of Public Safety, shall develop regulations including, but not limited to, regulations governing the use, maintenance, and operation of ignition interlock devices.
If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945.
(2) The court, in imposing the requirements of this section, shall:
(a) specify that the length of time that an interlock device is required to be affixed to a vehicle pursuant to this section following the completion of a period of license suspension imposed on the offender, is one year for the first offense, two years for the second offense, three years for the third offense, and the remainder of the offender's life for a fourth or subsequent offense;
(b) provide that the cost of the interlock device must be borne by the offender, provided that if the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945; and
(c) require the offender to have the interlock device inspected every sixty days to verify that the device is affixed to the vehicle and properly operating. Only a service provider authorized by the department to perform inspections on interlock devices may conduct inspections. The service provider must immediately report any devices that fail inspection to the department. The report must contain the name of the offender, identify the vehicle upon which the failed device is installed, and the reason for the failed inspection.
(B) An order of the court imposing the requirements of this section must be transmitted to the Department of Motor Vehicles in the manner provided in Section 56-5-2970.
(C) Ten years from the date of his last conviction and every ten years thereafter a fourth or subsequent offender may apply to the department for removal of the ignition interlock device and the removal of the endorsement from his driver's license. The department may, for good cause shown, remove the device and remove the endorsement from the offender's license.
(D) Except as otherwise provided in this section, it is unlawful for a person issued a driver's license with an ignition interlock endorsement to operate a vehicle that is not equipped with a properly operating, certified ignition interlock device. A person who violates this section must be punished in the manner provided in Section 56-5-2940.
(E) An offender that is required in the course and scope of his employment to operate a motor vehicle owned by the offender's employer, may operate his employer's motor vehicle without installation of an ignition interlock device provided that the offender's use of the employer's vehicle is solely for the employer's business purposes.
(F) It is unlawful for a person to tamper with or disable, or attempt to tamper with or disable, an ignition interlock system installed on a vehicle pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(G) It is unlawful for a person to knowingly rent, lease, or otherwise provide an offender with a vehicle without a properly operating, certified ignition interlock device. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(H) It is unlawful for an offender to solicit or request another person, or for a person to solicit or request another person on behalf of an offender, to engage an interlock ignition system to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(I) It is unlawful for another person to engage an interlock ignition device to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(J) Only ignition interlock devices certified by the department may be used to fulfill the requirements of this section.
(1) The department must certify whether a device is a breath-testing device that meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time.
(2) The department shall maintain a current list of certified devices and their manufacturer. The list must be updated at least quarterly. If a particular certified device fails to continue to meet federal requirements, the device must be decertified, may not be used until it is compliant with federal requirements, and must be replaced with a device that meets federal requirements. The cost for removal and replacement must be borne by the manufacturer of the non-certified device.
(3) Only ignition interlock installers certified by the department may install and service ignition interlock devices required pursuant to this section. The department shall maintain a current list of vendors that are certified to install the devices.
(K) In addition to availability under the Freedom of Information Act, any Department of Motor Vehicles policy, procedure, or regulation concerning ignition interlock devices must be made publicly accessible on the department's internet web site.
(L) The Department of Motor Vehicles shall develop regulations including, but not limited to, regulations governing the certification, use, maintenance, and operation of ignition interlock devices."
SECTION 2. Section 56-1-400 of the 1976 Code is amended to read:
"Section 56-1-400. The Department of Motor Vehicles, upon suspending or revoking a license, shall require that such license shall be surrendered to the department. At the end of the period of suspension, other than suspension for reckless driving, driving under the influence of intoxicants or pursuant to the point system such license so surrendered shall be returned to the licensee, or in the discretion of the department, a new license issued to him. The department shall not return nor restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, or for violations under the point system until the person has filed an application for a new license, submitted to an examination as upon an original application, and has satisfied the department, after an investigation of the character, habits, and driving ability of the person, that it would be safe to grant him the privilege of driving a motor vehicle on the public highways. Provided, the department, in its discretion, where the suspension is for violation under the point system may waive such examination, application, and investigation. A record of suspension shall be endorsed on the license returned to the licensee, or the new license issued to the licensee, showing grounds of such suspension. In the case of a license suspended for driving under the influence of intoxicants, the endorsement on the license returned to the licensee, or the new license issued to the licensee, must conspicuously identify the licensee as a person who may only operate a motor vehicle with an ignition interlock device installed and the endorsement must be maintained on the license for the duration of the period for which the ignition interlock device must be maintained pursuant to Section 56-5-2941. After five years from the date of conviction or suspension, the driver may apply for a new identical license, and the department shall issue such identical license without any notation of suspension endorsed thereon. But this provision shall not affect nor bar the reckoning of prior offenses for reckless driving and driving under the influence of intoxicating liquor or narcotic drugs, as provided in Article 23 of Chapter 5 of this title.
Any person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the department with proof that the fine owed by the person has been paid before the department may return or issue the person a license. Proof that the fine has been paid may be a receipt from the clerk of court of the county in which the conviction occurred stating that the fine has been paid in full."
SECTION 3. Section 56-5-2959 of the 1976 Code is amended to read:
"Section 56-5-2959. In addition to availability under the Freedom of Information Act, any South Carolina Law Enforcement Division policy, procedure, or regulation concerning breath alcohol testing, or breath site videotaping, or ignition interlock which is in effect on or after July 1, 2000, shall be made publicly accessible on the SLED internet web site. A policy, procedure, or regulation may be removed from the SLED web site only after five years from the effective date of the subsequent revision."
SECTION 4. This act takes effect upon approval by the Governor.
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